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Decision Text

NAVY | BCNR | CY2001 | 00324-01
Original file (00324-01.pdf) Auto-classification: Denied
DEPARTMENT OF  

Tttl? NAVY

BOARD FOR

 

CORRECTtbiU  OF NAVAL

 

REC.ORDS

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

HD:hd
Docket No: 00324-01
13 July 2001

SN

Dear 

Lieuten

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 July 2001.
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board.. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by the Navy Personnel Command dated 20 March 200
attached.

In addition, the Board considered the advisory

Your allegations of error and injustice

 

1, a copy of which is

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
in the advisory opinion. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

In this connection, the Board substantially concurred with the comments contained

It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by the Board.
important to keep in mind that a presumption of regularity attaches to all official records.

In this regard, it is

Consequently, when applying for a correction  
applicant to demonstrate the existence of probable material error or injustice.

&f an official naval record, the burden is on the

J

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV
PERS~.N*L COMMAN

NAVY 

5720 INTEGRITY DRIVE

MILLINGTON TN  

38OSS-0000

Y

D

1610
PERS-3 11
20 March 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: 

PERS/BCNR Coordinator

(PERS-OOZCB)
 

Subj

SN,

Ref: (a) BUPERSINST 1610.10

 
EVAL Manual

Encl: (1) BCNR File

1. Enclosure (1) is returned. The member requests the removal of his original fitness report for
the period1 February 1998 to 3 1 January 1999 and replace it with a supplemental report.

2. Based on our review of the material provided, we find the following:

a. A review of the member

’s headquarters record revealed the fitness report in question to be

on file with the supplemental fitness report and cover letter. Both reports are signed by the
member acknowledging the contents of each and his right to submit a statement. The member
did not desire to submit a statement.

b. The report in question is a Periodic/Detachment of Individual/Regular report. The member

does not state how the original report is in error or an injustice has been committed.

c. The replacement of an original fitness report is appropriate when a reporting senior

provides a clear and convincing reason that the revised fitness report more accurately reflects the
member ’s performance than the original.
Neither the reporting senior nor the member has
provided evidence that retention of the original would constitute an error or injustice. Although
the reporting senior acted in a timely manner, the filing of the supplemental fitness report
provides sufficient relief.

d. The member does not prove the report to be unjust or in error.



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